Do I need to file for full custody if my boyfriend does not work and does not pay for anything? 10 Answers as of March 14, 2013

I have two boys with my boyfriend one has his last name and the other has mine. He is on both of their birth certificates. We are splitting up to do some issues. I am afraid he will try to take them from me. Also, if something happens to me, how can I make sure my parents get custody? My kids have never seen his family because they choose not to come around and he cannot handle them.

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You need to get a custody order in place. The court will decide if you get full custody or partial. Most likely, it will be partial. If something happens to you, the father will get custody of the children, not your parents.

Thank you for your important question. You need to hire an experienced divorce lawyer. You do not need full custody in order to receive child support from the father of your children. He will be required to pay child support to you. The amount of child support will probably be 28% of his net income (also known as take-home pay). You need to file an action under the Illinois Parentage Act (also known as a paternity action) to establish the parent-child relationship between your children and their father, and to obtain a court order requiring the payment of child support. The court order will also establish a visitation schedule for the father and the children. It is unlikely that the court will grant custody of the children to your parents, unless it can be shown that you and the father are unable to care for the children.

You need to establish paternity. This will set boundaries for legal decision making ( Custody), Parenting time and child support. I am sorry to say that I can not do anything after you have passed away, your parents would have to file a separate action after you have passed away. These cases are not as simple as they appear because their many factors in deciding the boundaries.

First of all if he is on both birth certificates how does one of these children have your last name? That will be a problem down the road. Second maybe you can tell me what full custody is I have only been doing this for 20 years and I have so much to learn, I have need heard of that term before, unless the other parent was dead maybe, or there rights had been terminated by the State, or possibly the other parent has been found after a full hearing on the merits to be a danger to the children, but you are not even close to any of those standards. And lastly I have as much chance of getting custody, and placement of your children as your parents do, he is the father, I know your position on him and I am sure he has some choice comments about you also. We see 500 to 1k question a week, and about 30% of those are just like this, the father is a drug addict, he drinks, he is abusive, etc, etc, he has no rights to his children.

Under Minnesota law, you are the presumptive custodial parent if the children were not born during a marriage to the father. As a result, you have custody unless or until a court order determines otherwise.

Physical custody determinations are not reliant on the financial status of either party, as long as the party can provide for the children while in their care, taking into consideration also the party's child support. To guarantee that he can't take them from you, you need to obtain a child custody order that awards you custody. Should something happen to you, he would be next in line for custody, not your parents. They would have to intervene and prove he is a danger to the children's health or welfare. However, if he was to terminate his parental rights, your parents could then be next in line.

If you have that fear, then yes file for full custody. When you prepare a will, you can express you want your parents to be the guardian of your children and state why. There is no guarantee if the father contests, but it shows your intent.

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